Alimony in a Florida Divorce

Alimony, or spousal support, is based upon one spouse’s need for financial support and the other spouse’s ability to pay. In practice, this approach results in both spouses inflating their living expenses in an attempt to either demonstrate need or inability to pay.

In determining alimony, Florida courts categorize marriages based on their duration:

Short-Term Marriage (less than 7 years)
Moderate-Term Marriage (greater than 7 but less than 17 years)
Long-Term Marriage (17 years or greater)

In Florida, there are four categories of alimony:

Bridge-the-Gap Alimony
This support is intended to help a spouse make the transition from being married to being single by providing support for short-term needs. The award may not exceed two years.
Rehabilitative Alimony
This support is intended to help the receiving spouse achieve self-sufficiency by either redeveloping previous skills or credentials; or by acquiring the education, training, or work experience necessary to develop applicable employment skills or credential. The court order must include a specific and defined rehabilitative plan. Rehabilitative alimony may be modified or terminated if there is a substantial change in circumstances; if the receiving party does not comply with the rehabilitative plan; or upon completion of the plan.
Durational Alimony
This support is to provide the receiving party with economic assistance for a set period of time following a marriage of short or moderate duration when permanent periodic alimony is not appropriate. Durational alimony may be modified or terminated if there is a substantial change in circumstances. The length of the award, however, is generally not modifiable, except under exceptional circumstances, but may not exceed the length of the marriage.
Permanent Alimony
This alimony may be awarded to a spouse who lacks the financial ability to meet his/her needs and the necessities of life as they were established during the marriage, usually following a long-term marriage. Permanent alimony may be modified or terminated if there is a substantial change in circumstances, or upon the existence of a supportive, co-habitative relationship between the receiving spouse and a person not related by blood or affinity.

Bridge-the-gap, durational and permanent alimony end upon the death of either party or upon the remarriage of the recipient.

Some factors a court may consider when determining the type and amount of alimony include: